2008 Central Collective Bargaining Agreement
In The Health and Medical Service Industry
The KCTU-FKHU-KHMWU (hereinafter referred to as “Union”) and the Korean Health and Medical Employers’ Association (hereinafter referred to as “Employer”) concluded this Agreement and commit themselves to comply with and implement this Agreement, under mutual trust and sincerity, with a view to promoting democratic and public development of not only the medical institutions but also the entire health and medical industry and raising the socio-economic, cultural status of the KHMWU members, by maintaining and improving the working conditions in accordance to the fundamental spirit of the National Constitution and labour related laws, for the realisation of the right to healthy lives and the establishment of the new industrial relations.
I. Basic Industrial Agreement
1. (Sole Bargaining Agent) The Employer shall recognise the Korean Health and Medical Workers’ Union to be the sole labor organization that does collective bargaining on behalf of the members concerned.
2. (Equal Treatment) The Employer shall not treat the employees discriminatively in their working conditions on the ground of their gender, marital status, nationality, religion, disability, social position, etc.
3. (CBA’s Coverage and Application Priority, Prohibition on Deterioration of Existing Working Conditions)
This Agreement shall supersede the Labor Standard Act, the CBA’s of Union Branches, Employment Rules and Regulations, and other individual labor contracts. Provided if the branches’ CBA’s or agreements currently in effect are better than this Agreement, then they shall be applied.
4. (Formation of Employers’ Organization)
a. The Employer shall attend at the industrial negotiation at national level in the name of the Korean Health and Medical Employers’ Association
b. The representative of the Korean Health and Medical Employers’ Association shall try the best to attend the labor-management courtesy meeting and signing ceremony of the national level industrial negotiation.
5. (Establishment of Central Labor-Management Council)
6. (Guarantee of Industrial Union Activities) The Employer shall allow the employees concerned the time to attend the Central Committee meeting, National Convention and Branch Representatives Meeting of the KHMWU the convocation of which is noticed by the official letter in the name of KHMWU President.
7. (Term of Validity) This Agreement shall be valid for 1(one) year from the date of conclusion.
8. (Automatic Extension) Quand mem the term of this Agreement is terminated, the validity of this Agreement shall be continued until the new agreement is concluded.
II. Agreement on Health and Medical Care
1. (Public Nature of Medical Service)
a. In order to strengthen the public nature of medical service and to develop the health and medical industry, the both Parties shall promote jointly for expanding national health and medical budget, increasing the security rate of health insurance up to 80%, establishing public health and medical service system, expanding public health and medical service and securing governmental measures to support the five day work week system at medical institutions, etc.
b. The Labor and the Employer shall discuss policies on health and medical care and policy direction at the Special Tripartite Commission on Health and Medical Services. For example, the National Health Insurance System which leads to increase in the medical pay of general public shall be the agenda of the discussion.
2. (Improvement in Services for Patients and Carers) The both Parties shall try their best efforts jointly to enhance quality of medical services, make patient-centered hospitals and realize the hospitals providing kind answers for questions and humane medical treatment, including reform of hospital environment and expansion of convenience facility for patients and carers.
3. (Improvement in Medical Institute Evaluation System) In order to study the way to improve the current medical institute evaluation system and evaluation criteria, the both parties shall jointly form a Task Force team which belongs to the Ministry for Health, Welfare and Family Affairs
4. (The Bill of Patients’ Rights) The Union and the Employer shall respect the rights of patients, and formulate ‘the Bill of Patients’ Rights’ as below to provide the best medical service to be put into practice jointly.
a. The patient shall have the rights to human treatment and the best medical treatments.
b. The patient shall be entitled to all relevant information.
c. The patient shall have the rights to keep personal records on medical treatment undisclosed.
d. The patient shall always be able to ask for and entitled to the medical service necessary and enough.
e. When the patient is hospitalized, the patient shall be fully informed of the Bill of Patients’ Rights)
5. (Reasonable size of ward and facilities) The Employer shall secure enough wards legally necessary and make efforts to secure ward and facilities of reasonable size for comfortable environments.
6. (Establishment of
7. (Use of Domestic Agricultural Products) Considering that medical facilities are special institutions dealing with the lives of patients, the Employer shall make its best efforts to use safe and fresh domestic agricultural products including rice, which is not genetically modified.
8. (Strengthening the Medical Institutions’ Public Role and Social Contribution)
a. In case of accidents both domestic and overseas, the both Parties shall arrange public assistance measures such as emergency medical aid activities through discussions at the ‘Central Labour-Management Council’.
b. The both Parties shall make active efforts for medical volunteer activities in order to expand medical benefits towards underprivileged groups such as migrant workers and medically deficient areas, and support actively the campaign of sisterhood relationship between one union region or branch – one rural village for urban-rural exchange.
c. The both Parties shall actively take part in the blood donation campaign to improve the blood shortage situation of the medical institutions.
9. (Special Tripartite Committee for development of medical industry and strengthening medical service’s public nature)
b. The formation and duties shall be stipulated in the Annex.
c. The formation and principal discussion matters shall be decided at the Committee.
III. Employment Agreement
1. (Improvement in the Private School Employees Pension Law) The both Parties discuss at the Committee on Job Security and Training the direction of pension law revision to resolve disadvantages of retirees who worked for a short-term.
2. (Employment of Non-Regular Employees)
a. The Employer shall make efforts to raise wages and working conditions of the non-regular employees hired directly by him/her and to change their status on gradual basis to regular employees.
b. The Employer shall make efforts to guarantee the employment of the non-regular employees such as temporary contract employees and hourly-paid employees who are hired directly by him.
c. The Employer shall provide the labor contract to non-regular workers when the Employer makes a contract with the workers.
3. (Indirectly Hired Non-Regular Employees)
a. In the case that the Employer stop business with the existing outsourcing company,
for job security for non-regular employees hired by the existing outsourcing company, the Employer shall make efforts for the indirectly hired non-regular employees to be hired in the new outsourcing company.
b. When the Employer makes a contract with a new outsourcing company, the Employer shall consider financial capability of the company for stable payment to indirectly hired non-regular employees.
4. (Equal Treatment of the Work of Same or Similar Kind) The Employer, without any reasonable reason, shall not treat discriminately the directly hired non-regular employees who engage in the same or similar kind of work at the workplace.
5. (Special Labor-Management Commission on Non-regular Employees)
b. The details of the Special Labor-Management Commission on Non-regular Employees, such as its formation, duties and operation module shall be decided separately by the Commission.
IV. Wage Agreement
1. (Wage Agreements) Wages increase in 2008 are as follows. Provided that the details in accordance with this Agreement shall be agreed and implemented by the labor and management at the union branch level.
a. In case of private university hospitals (including the
b. In case of medium and small-sized private hospitals, 4.0% increase of total wages.
c. In case of medical centers of local governments, subject to the wage agreement of the ‘2006 Central Agreement of Local Medical Centers’ signed on September 28, 2006
d. In case of national university hospitals, 2.5% increase of total wages
e. In case of the Korea Institute of Radiological & Medical Sciences, 2.5% increase of total wages.
f. In case of the Korea Veterans Welfare & Health Care Corporation, the wages including expenses for solving non-regular employees’ problems shall be fixed autonomously by the labor and management.
g. In case of the Korea Red Cross, the wages shall be fixed autonomously by the 2007 agreement between labor and management.
2. (Non-regular Employees)
a. The Employer shall make efforts to eliminate the wage gaps between the regular employees and the non-regular employees hired directly by the Employer.
b. In the year 2008, the Employer shall assure higher wage increase for the non regular employees than the regular employees.
3. (Minimum Industrial Wages)
a. The Employer shall apply the minimum industrial wages that exceed the amount specified in the Minimum Wages Act, for the purpose of protecting the workers of vulnerable groups in health and medical industry and promoting their living standard improvements.
b. The Employer shall apply higher pay between the average monthly wage of 950,000 won and the hourly pay of 4,100 won to the minimum industrial wages.
c. The minimum industrial wage application shall be effective from January 1 to December 31 2009.
d. The Employer shall not lower the existing wage level on the ground of minimum industrial wage.
V. Work Process Agreement
1. (8 hour work per day, 40 hour 5 day work week system)
a. The Employer shall, in compliance with the Appendix I, Date of Enforcement, of the Labor Standard Act, implement the 40 hour 5 day working week system, with assigning Saturday day-off.
b. The Employer shall minimize the outpatient consultation on Saturday in accordance to the 5 day working week system. In order to minimize the inconvenience of the patients due to the introduction of 5 day work week system, concrete implementation plans to prepare for patient consultation on holidays shall be discussed, for one year as a transition, between the Union branch and the management at each hospital or facility.
c. The facilities that begin to implement the 5 day work week system in 2008 shall reduce the outpatient consultation on Saturday below 50% within a year as a temporary phase, provided that concrete implementation plans shall be discussed between the Union branch and the management at each hospital or facility.
d. The Employer shall supplement the personnel in need due to the working hour reduction arising under the 5 day work week system, and in doing the supplementation, consult with the Union branch at each hospital or facility. The Employer shall make efforts to preferentially recruit the non-regular employees directly by him/her as regular employees.
e. The Employer shall grant two consecutive holidays, Saturday and Sunday, to shift workers if possible for unimpaired 5 day work week system and shall not reduce the existing personnel on the work schedule (working staffs per duty).
2. (Field Manpower Supplement) The Labor and the Employer discuss at the Special Tripartite Commission on Health and Medical Services fundamental measures for improvement in law and institutions, enough staffing, manpower for small and medium sized and/or local community hospitals as well as job creation at the entire society level.
3. (Work Types)
a. The Employer shall make efforts to minimize the night shift and to grant sufficient rest period between shift and shift in order to improve working conditions of shift workers. The details shall be implemented after consultation between the Union branch and management at each hospital and facility.
b. The Employer shall pay additively 50% premium of normal wage to shift workers (two shifts and three shifts) who are working on the day of New Year Day and Korean Thanks Giving Day. In case the existing premium pay is under 50%, the payment shall be adjusted to 50%.
4. (Overtime Premium) The Employer shall pay overtime premium for the hours worked in excess of the standard working hours in accordance with the Article 56 of the Labor Standard Act (50% premium).
5. (Monthly Leave, Annual Leave and Payment)
a. Abolishing the monthly leave and annual leaves under the past Labor Standard Act, the newly revised Labor Standard Act shall be applied.
b. As for the employees currently in service as of the date of enforcement, the facilities that conform to the new legal provision from 2008 shall compensate for the differentials between the number of days of monthly leaves and annual leaves calculated in accordance to the old provisions and the number of days of annual leaves in accordance to the new provisions, by the following computing formula. The differentials in the number of days shall be converted into wage allowance (excluded from normal wages) as of the date of enforcement. The applicable existing compensation rates may differ depending on the hospitals or facilities
(The number of days of monthly leaves and annual leaves in accordance to the old provisions of Labor Standard Act – the number of days of annual leaves in accordance to the new provisions of LSA) x existing compensation rates..
c. If service period of an employee is less than 1(one) year as of the date of enforcement, the facilities that conform to the new provision from 2008 shall pay the allowance computed on the date of his/her being entitled to annual holidays.
6. (Menstruation Leave)
a. The Employer shall grant a day of unpaid menstruation leave every month to women workers. If the menstruation leave is used by an employee, the Employer will deduct 1/30 of monthly basic wage from her salary.
b. The Employer shall pay 1/30 of monthly basic wage as a fixed health allowance (excluded from normal wages) to women workers at ‘facilities having provided the holiday’ and ‘the facilities that conform to the new provision from 2007’
c. The facilities that have better compensation level than the above paragraph b shall maintain the existing amount.
d. The amount of the deductibles and the amount of health benefits shall be the same without any difference.
7. (Maintenance of the Existing Wages and Working Conditions) The Employer shall not reduce the existing wage level and normal hourly wages on the ground of the reduction of working hours.
8. (Effort to Enforce Social Responsibility for the Delivery and Child Care)
a. The both Parties shall discuss the phased plans to promote expansion of child-care establishment in the facilities to support delivery and nursing and guarantee of actual use of nursing leave, etc. with a view to strengthening social responsibility and national liability over the child delivery and nursing, and ask jointly the social support.
b. Maternity leave and nursing leave shall not lead to employment instability.
9. (Nursing Holidays)
a. The Employer shall grant nursing holidays to the employee who has children under 3 years old after the related law enforcement, upon their request of holidays for the nursing.
b. The length of nursing holidays shall not longer than one year nor exceed the date the children concerned reach 3 years old. For this provision, the duration of holidays shall be counted in the service period.
10. (Labor Supplement) The Employer shall supplement the position of a employee who takes maternity leave and nursing holiday at the request of the employee unless special cases occurs.
11. (Prevention of Abusive Language, S exual Harassment) The Employer shall provide an education on anti-s exual harassment to all employees by having a lecturer recommended by the Labor party in order to prevent abusive words, violence and s exual harassment as well as to promote gender equality at workplaces.
12. (Infection Prevention Measure) The Employer shall make efforts to prevent patients and employees from being infected, and the Labor and the Employer shall make efforts to ensure that safety device-equipped injectors are the subject to health insurance for protection of the right to health of employees.
13. (Guarantee of the Right to Health of Non-Regular Employees) The Employer shall implement safety measures to prevent industrial injuries in accordance with the Industrial Safety Law; to provide industrial safety education, to measure the working environment, to examine medical condition of employees and to provide safety equipments to employees. As for more specific issues, the Industrial Safety and Health Committee shall deliberate on and make a decision on the issues.
14. (Measures for Employees’ Health and Industrial Accident Prevention)
a. In order to maintain the employees’ health and to improve their living quality, the Employer shall make efforts to develop healthy and comfortable working environment and to prevent industrial accidents such as cerebrovascular diseases, cardiovascular diseases and death from overwork, etc.
b. The both Parties shall jointly make efforts to improve working environment and organizational culture in order to provide reasonable working environment and the best service for the patient.
Article 1. All the responsibility that arises from breach of the Agreement shall be born by the defaulter.
Annex Agreement 2008
1. (Central Labour-Management Council) 1) The Union and the Employer shall establish and run jointly the Central Labour-Management Council for development of labour-management relations at industrial level and discussion on the common issues at the health and medical industry, after conclusion of the Central Agreement.
2) The Council shall be composed of equal numbers of members from each party, not more than 7 members each.
3) The Council shall discuss the matters concerning development strategy of industrial labour relations, researches on policy tasks and establishment of effective alternatives for employment security through development of health and medical industry.
4) To accomplish its goals, the Council shall operate subcommittee for preparation of industrial negotiation and subcommittee on employment security and educational and training.
5) The subcommittee for preparation of industrial negotiation shall start to operate 3 months before the launch of industrial negotiation and prepare all the matters such as agenda, issues, procedures and methods.
6) The subcommittee on employment security and educational and training shall aim at research and policy development in relation with employment security and industrial wage system, reform of education and training system, parliament petition of health and medical industrial training center construction fund, study for employment security of health and medical workers through use of employment funds, arrangement of measures for reform of private school pension system.
7) The matters concerning operation of the Council shall be provided at the rules separately laid down by the Council.
2. (Special Labour-Management Commission on Non-regular Employees) 1) The Union and the Employer shall establish the Special Labor-Management Commission on Non-regular Employees, immediately upon concluding the Agreement, for the labor-management joint responses at industrial level to the enforcement of the non-regular employees related act.
2) The Commission shall be composed of the equal number of members from each party, 4 to 5 members each.
3) The Commission shall aim at conducting jointly research and study on the measures for treatment improvement and employment security of non-regular employees and supporting actively the effective implementation.
4) The Commission may consult with the undertakings where a dispute is raised about the solutions for the dispute and actively recommend the method to adjust the dispute.
5) The matters concerning operation of the Commission shall be separately laid down.
3. (Special Tripartite Committee for development of medical industry and strengthening medical service’s public nature) 1) The
2) The Committee shall form a social cooperative committee embracing representatives from the
3) The Committee may form subcommittees to discuss the matters as follows:
(1) Comprehensive policies on public medical service and measures to strengthen the public nature.
(2) Measures to activate local medical centers and private small and medium size hospitals.
(3) Measures for improvement of health insurance system and expansion of health and medical service budget.
(4) Preparation of social base and public fund for development of medical industry.
4) The representatives of both parties shall form a taskforce as soon as possible for operation of the Committee and promote a consultation with the governmental Ministries.
September 10, 2008
Korean Health and Medical Employers’ Association